Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of information) is amended as follows.

( )

In paragraph (b) of subsection (2), for "or a sewerage undertaker" there is substituted ", sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991".

( )

In paragraph (c) of that subsection, for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)".

( )

In subsection (6)(a), after "sewerage undertaker" there is inserted ", or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,"."

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

143

Page 187, line 16, leave out sub-paragraph (4)

144

Page 190, line 37, leave out paragraph 15

145

Page 191, line 39, after "water;" insert

"( )

the water undertaker is aware of the cessation of supply;"

THE LORD WHITTY

145A*

Page 196, line 45, at end insert

"In section 72 (contamination of water sources), in subsection (5), after paragraph (b) there is inserted "; and

(c)

any pipe or conduit of a licensed water supplier.""

146

Page 198, line 14, leave out "or" and insert "and"

147

Page 198, line 25, leave out first "or" and insert "and"

148

Page 200, line 29, at end insert

"( )

Section 162 (works in connection with metering) is amended as follows.

( )

In subsection (1A), in paragraph (a) at the end there is inserted "or".

( )

In that subsection, after paragraph (c) there is inserted "or

(d)

a licensed water supplier supplies water to those premises using the undertaker's supply system."

( )

After that subsection there is inserted

"(1B)

In subsection (1A)(d) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.""

Subject to subsection (2) below, if any person without the consent of the licensed water supplier

(a)

intentionally or recklessly interferes with any pipe or any structure, installation or apparatus which

(i)

is vested in any licensed water supplier (in the case of a pipe) or belongs to any such supplier (in any other case); and

(ii)

is used in connection with the carrying on by the supplier of the activities authorised by its licence; or

(b)

by any act or omission negligently interferes with any such pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."

( )

In subsection (2)

(a)

after "subsection (1)" there is inserted "or (1A)"; and

(b)

in paragraph (b)

(i)

after "water undertaker" there is inserted "or licensed water supplier"; and

(ii)

in sub-paragraph (ii), for the words from "the stopcock was" to the end there is substituted "subsection (2A) below applies".

( )

After that subsection there is inserted

"(2A)

This subsection applies

(a)

in the case of a stopcock belonging to a water undertaker, if the stopcock was closed otherwise than by the undertaker;

(b)

in the case of a stopcock belonging to a licensed water supplier

(i)

if the stopcock was closed otherwise than by the supplier; or

(ii)

if the stopcock was closed by the supplier and the person in question for the purposes of subsection (2) above is the water undertaker whose supply system is used for the purpose of the supply made by the supplier,

and in this subsection the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above."

( )

In subsection (3), in paragraph (c), for "section" there is substituted "subsection".

( )

After that subsection there is inserted

"(3A)

Any person who, without the consent of the licensed water supplier

(a)

attaches any pipe or apparatus to any pipe which is

(i)

vested in a licensed water supplier; and

(ii)

used in connection with the carrying on by the supplier of the activities authorised by its licence;

(b)

attaches any pipe or apparatus to any service pipe which does not belong to such a supplier or a water undertaker but which is a pipe by means of which water is supplied by such a supplier to any premises;

(c)

makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

(d)

subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."

( )

In subsection (4)

(a)

after "subsection (3) above" there is inserted "or paragraph (d) of subsection (3A) above", and

(b)

for "that subsection" there is substituted "subsection (3) or (3A) above (as the case may require)".

( )

After subsection (5) there is inserted

"(5A)

If any person wilfully or negligently injures or suffers to be injured any water fitting which

(a)

belongs to a licensed water supplier; and

(b)

is used in connection with the carrying on by the supplier of the activities authorised by its licence,

he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale."

( )

After subsection (8) there is inserted

"(8A)

In this section "consumer"

(a)

in relation to a supply of water provided by a water undertaker to any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;

(b)

in relation to a supply of water provided by a licensed water supplier to any premises, means a person who is for the time being the person on whom liability to pay charges to the supplier in respect of that supply of water would fall."

( )

In subsection (9), for ""consumer" and "water fitting" have the same meanings" there is substituted ""water fitting" has the same meaning"."

149

Page 200, line 31, at end insert

"( )

Section 175 (offence of tampering with meter) is amended as follows.

( )

In subsection (1)(a), after "undertaker" there is inserted "or licensed water supplier".

( )

In subsection (2), for the words from "consent" to the end there is substituted "appropriate consent".

( )

After that subsection there is inserted

"(3)

In subsection (2) above, the "appropriate consent" means

(a)

if the meter is used by one relevant undertaker, the consent of that undertaker;

(b)

if the meter is used by one licensed water supplier, the consent of that supplier;

(c)

if the meter is used by two or more of the following persons

(i)

a relevant undertaker;

(ii)

a licensed water supplier,

the consent of each of those persons.

(4)

In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below.""

150

Page 203, line 11, at end insert

"( )

In that subsection, in paragraph (c), for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)"."

151

Page 205, line 38, at end insert

"( )

The WRA is amended as follows.

( )

In section 203 (exchange of information with respect to pollution incidents etc)

(a)

after subsection (1) there is inserted

"(1A)

It shall be the duty of the Agency to provide a licensed water supplier with all such information to which this section applies as is in the possession of the Agency and is reasonably requested by the supplier for purposes connected with the carrying on of activities under its licence.";

(b)

after subsection (2) there is inserted

"(2A)

It shall be the duty of every licensed water supplier to provide the Agency with all such information to which this section applies as is in the possession of the supplier and is reasonably requested by the Agency for purposes connected with the carrying out of any of its functions.";

(c)

for subsection (3) there is substituted

"(3)

Information provided to a water undertaker, to a licensed water supplier or to the Agency under subsection (1), (1A), (2) or (2A) above shall be provided in such form and in such manner and at such times as the undertaker, the supplier or the Agency, as the case may be, may reasonably require.";

(d)

in subsection (4)

(i)

for "subsection (1) or (2)" there is inserted "subsection (1), (1A), (2) or (2A)"; and

(ii)

after "undertaker" there is inserted ", to a licensed water supplier";

(e)

in subsection (5), for "a water undertaker under subsection (2) above shall" there is substituted

"(a)

a water undertaker under subsection (2) above; or

(b)

a licensed water supplier under subsection (2A) above,
shall"; and

(f)

after subsection (7) there is inserted

"(8)

Any reference in this section to a licensed water supplier is a reference to a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991."

( )

In section 204 (restriction on disclosure of information)

(a)

in paragraph (b) of subsection (2), for "or sewerage undertaker" there is substituted ", sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991";

(b)

in paragraph (c) of that subsection, for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)"; and

(c)

in subsection (4)(a), after "sewerage undertaker" there is inserted ", or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,"."

152

Page 206, leave out lines 14 and 15 and insert

""(aa)

a qualifying licensed water supplier within the meaning of subsection (6) of section 23 of the Water Industry Act 1991 (meaning and effect of special administration order),""

Clause 59

THE LORD WHITTY

153

Page 74, line 32, leave out "and"

154

Page 74, line 39, at end insert "; and

(c)

send a copy of the published draft plan and accompanying statement to such persons (if any) as may be prescribed."